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Tuesday, September 20, 2016

Naturalized CITIZEN Ahmad Khan Rahami Commits TREASON

...citizen's actions to help a foreign government overthrow, make war against, or seriously injure the [parent nation]." In many nations, it is also often considered treason to attempt or conspire to overthrow the government, even if no foreign country is aiding or involved by such an endeavor.

Two Types of Treason

Levying War
Levying war isn’t limited to formally declaring war. It includes any forcible opposition to the execution of a public law. Such “forcible opposition” ordinarily requires actual use of force by multiple people with the common purpose of preventing some law from being enforced. Weapons aren’t always required; sheer numbers can be enough.
Merely conspiring to overthrow the government isn’t levying war—there must be an actual assemblage of people who are ready and intend to use force. (But see “Related Crimes,” below.) So, no person acting alone can be guilty of levying war.
Providing Aid or Comfort
Providing aid or comfort to the enemy covers a variety of actions, from providing financial assistance to harboring an enemy soldier. Any intentional act that furthers the enemy’s hostile designs or weakens the United States gives aid and comfort to, and “adheres to,” the enemy.
Sympathy alone. Sympathy for the enemy by itself doesn’t constitute aiding or comforting. Rather, the actor must take some kind of action to provide aid or comfort.
Time of war. Treason by aiding the enemy can’t be committed during peacetime; there must be an actual enemy for the traitor to aid. The requisite enemy designation typically requires a formal declaration of war.
Attempt. Someone can be convicted of treason even if the attempt to aid isn’t successful or the enemy’s goal isn’t achieved.

Overt Acts
In order to prove treason, the prosecution needs a either a confession or two witnesses testifying to the same “overt act” by the defendant. An overt act is an act that shows criminal intent and furthers the accomplishment of a crime. But, the overt act doesn’t have to be a crime itself. A wide range of actions can qualify as overt treasonous acts, from making online posts to providing weapons and ammunition. The key consideration is whether the defendant took the action with the intention of carrying out or furthering treason.
Treason charges must specify the relevant overt acts, including where they took place. It isn’t necessary that all the participants commit the same overt act; different participants can commit different overt acts as part of one treasonous plan. If the government alleges multiple overt acts, it need prove only one of them by two witnesses.
While testimony from two witnesses is required to prove the overt act, the intent to betray can be proved in the same way as intent for any other crime.

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